ACLU: D.A. should not investigate fatal police fight

Aug. 4, 2011

Updated Aug. 21, 2013 1:17 p.m.

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Hector Villagra, the executive director of the ACLU of Southern California, said Thursday that the Orange County D.A.'s Office should not be investigating the case involving Kelly Thomas. LEONARD ORTIZ, THE ORANGE COUNTY REGISTER

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Kelly Thomas,pictured in an undated handout photo, died five days after a physical confrontation with six Fullerton police officers. The case is being investigated by the Orange County District Attorney's Office and the FBI. COURTESY OF THE THOMAS FAMILY

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Ron Thomas, father of Kelly Thomas, has said he has total faith in the Orange County D.A.'s Office in conducting a fair investigation into the death of his son. LEONARD ORTIZ, THE ORANGE COUNTY REGISTER

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Orange County District Attorney Tony Rackauckas. ROSE PALMISANO, THE ORANGE COUNTY REGISTER

Hector Villagra, the executive director of the ACLU of Southern California, said Thursday that the Orange County D.A.'s Office should not be investigating the case involving Kelly Thomas.LEONARD ORTIZ, THE ORANGE COUNTY REGISTER

The top administrator of the American Civil Liberties Union of Southern California on Thursday said the Orange County District Attorney's Office is incapable of conducting an impartial investigation into a fatal fight between Fullerton police officers and a homeless man with schizophrenia.

Susan Kang Schroeder, the district attorney's chief of staff, strongly disagreed with the ACLU's claim.

Kelly Thomas, 37, died on July 10, five days after a physical altercation with six officers who suspected he was burglarizing cars at the Transportation Center in downtown Fullerton.

Ron Thomas, Kelly's father, has said repeatedly that his son was beaten to death.

The D.A.'s Office, which investigates cases involving individuals dying while in police custody, began investigating the Thomas case on July 7. The FBI began conducting a parallel investigation in late July; the ACLU is supportive of this agency being involved.

Hector Villagra, ACLU of Southern California's executive director, said that because the District Attorney's Office relies on the testimony of police officers to convict suspected criminals, having the same agency investigate officers for possibly breaking the law presents a conflict of interest.

"Although Orange County District Attorney Tony Rackauckas reportedly has some two dozen investigators working on the (Thomas) case, interviewing up to 100 witnesses, the district attorney has an abysmal track record when it comes to investigating and prosecuting officer-involved deaths," Villagra said in a statement.

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